Tom Fleming (Kerry South, Independent)

The hardships experienced by the residents of Priory Hall and following the litany of flooded estates, collapsed foundations, polluted drinking water supplies and defective septic tank systems are clear evidence of the failure to have consumer protection issues addressed in the building regulations. The regulations' primary purpose is to protect the health, safety and welfare of people in and around buildings. An objective reading of the regulations leads to the conclusion that they are anti-consumer and written by or for the benefit of the construction industry, not for the protection of the consumer.

The drafting of the regulations has been farmed out to a quango. The Building Regulations Advisory Board, BRAB, comprises members of the construction industry and is not for the protection of consumers. The Department of the Environment, Community and Local Government's policy facilitates a system in which building products are officially certified as being fit for purpose based purely on manufacturers' claims, not independent testing. This official certification, whether intended or not, deceives consumers into believing that it provides a guarantee of performance and some level of protection if a product subsequently fails. The policy of directing local authorities to impose seriously flawed codes of practice, for instance, the Environmental Protection Agency's 2009 code on specifiers and installers of wastewater treatment systems, not only exposes the consumer to defective systems but also places the local authority in the chain of liability when failed systems cause pollution or a risk to public health. Unfortunately, homeowners are at the receiving end of this policy. The Department's policy of facilitating what are essentially meaningless certifications is a fraud on consumers. It has allowed those in the construction chain of responsibility to walk away when a problem arises, thereby making homeowners liable for non-compliance issues or costs associated with remediation.

Any policy that places unnecessary hardship on homeowners and exposes the State to claims for damages must be corrected as a matter of the utmost urgency. For consumer protection, it is necessary to take urgent action. All building materials and products should be covered by supplier product liability insurance cover. The building professionals engaged in design and certification of development have the appropriate professional indemnity insurance cover for the work they undertake. This should also apply to all construction contractors and subcontractors whose work must be insured and certified as fit for its intended purpose. Such insurance cover must continue to be effective, even where the insured party ceases trading. All products and services provided should comply with the Sale of Goods and Supply of Services Act, the General Product Safety Regulations 2005 and the Consumer Protection Act. There is an urgent need for the Oireachtas and departmental officials to resist the construction industry's and other corporate influences and instead place the emphasis on the protection of the consumer.

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